Author Archives: Ryan Farmer

Thomas v. Rush Health Systems, Inc.

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Gaye Nell Currie and D. Jason Childress successfully defended a medical malpractice claim against an OB-GYN related to a gynecological surgery. The Plaintiff alleged that she suffered permanent nerve injuries due to the OB-GYN’s negligence in his performance of the surgery at issue and in his post-surgical care.

Gaye Nell and Jason obtained summary judgment in favor of the OBGYN on the negligence claim with regard to his performance of the surgery. The Plaintiff’s claim that the OB-GYN was negligent in his post-surgical care was submitted to the jury. After four days of trial, the jury rendered a verdict in favor of the OB-GYN defendant.

Legislature of the State of Mississippi v. Adrian Shipman, et al.

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Wise Carter lawyers secured a victory at the Supreme Court of Mississippi as counsel for the Mississippi Legislature. The Legislature has proposed to the voters a constitutional amendment called Alternative Measure No. 42A concerning an effective system of free public schools.

The Circuit Court of Hinds County changed the title of that proposed amendment, a title which had been drafted by Attorney General Jim Hood with the agreement of the Legislature.

The Supreme Court reversed, holding by a vote of 6-3 that the Circuit Court had no jurisdiction to entertain an appeal against the Attorney General’s determination of the title. Michael B. Wallace and Charles E. Cowan represented the Mississippi Legislature in the case.

Illinois Central Railroad Co. v. McLain

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Wise Carter attorneys Charles H. Russell, III and George H. Ritter won an appeal of a jury verdict in a Federal Employers Liability Act (“FELA”) personal injury suit filed against Illinois Central Railroad Company.

Luther McLain sued Illinois Central alleging that Illinois Central’s negligence exposed him to repeated trauma over the course of his 32-year career causing him to sustain a degenerative back injury.

On the second day of trial, McLain improperly contacted an empaneled juror in violation of the trial court’s instructions. During cross-examination, McLain admitted to committing perjury during his prior deposition concerning his post-injury physical abilities and to soliciting perjury from another material trial witness in an effort to cover up his prior perjury.

Hinds County Circuit Judge Tomie Green denied Illinois Central’s motion for a directed verdict, and the jury found for McLain awarding him damages of $150,000. After the verdict was announced, Judge Green sanctioned McLain $500 for juror contact and $10,000 for unlawful solicitation of perjured testimony from a trial witness.

Illinois Central filed a motion for additional sanctions, arguing that dismissal with prejudice was the only appropriate sanction for McLain’s egregious misconduct. The trial court denied Illinois Central’s motion for additional sanctions, and Illinois Central filed its notice of appeal.

On July 30, 2015, the Mississippi Supreme Court reversed the judgment against Illinois Central, rendered judgment in favor of Illinois Central, and assessed all court costs against McLain. In a 5-2-2 decision, the Court found that given McLain’s admitted perjury and solicitation of perjury, a sanction of $ 10,000 was insufficient to punish his misconduct or deter others from similar misconduct.

The majority held that dismissal with prejudice was the only punishment sufficient to accomplish these objectives. Although the facts of this case are unusual, the decision highlights the Mississippi Supreme Court’s firm stance against litigants committing perjury for monetary gain. Trial attorneys should be vigilant to expose suspected perjury or fraud on the court and warn clients of the risks of any conduct that could be construed as perjury or solicitation of perjury.

Mary Washington v. Dr. John H. Fairbanks, M.D., et al

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Gaye Nell Currie successfully prosecuted the appeal of a 3rd Circuit Court of Appeals case in Louisiana. Gaye Nell represented a nursing home client in a negligence case filed in Vidalia, LA.

The District Court denied our motion to dismiss based upon an exception of lack of jurisdiction. Wise Carter appealed and the Appellate court reversed the judgement of the District Court and rendered its own judgement, dismissing all claims against the nursing home.

Superior MRI Services, Inc., et al v. Alliance Healthcare Svcs, Inc., et al

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Gaye Nell Currie, Crane D. Kipp, Rex M. Shannon III, and William J. Dukes successfully prosecuted an appeal involving Alliance Healthcare Systems (“Alliance”).

In the complaint filed by Superior MRI Services (“Superior”), Superior alleged that Alliance, as successor-in-interest to P & L Contracting (“P&L”), acquired an unfair advantage in placing mobile scanners as fixed sites and in not complying with the Mississippi Certificate of Need laws.

Superior claimed that Alliance interfered with its business relations by violating the Mississippi State Board of Health rules and regulations with regards to Certificates of Need, interfered with contracts, and violated the Federal Trade Commission Act.

The United States District Court for the Northern District of Mississippi granted a motion to dismiss, stating that Superior was not in existence at the time P&L dissolved and the contracts at issue could not have been legally assigned to Superior. As a result, Superior had no standing to pursue claims on behalf of P&L. On March 12, 2015, the United State Court of Appeals for the Fifth Circuit affirmed the judgment of the District Court.

John D. Price, George H. Ritter, James L. Robertson and Margaret H. Williams Recognized as “Lawyer of the Year 2014” for Jackson, Mississippi in their Respective Practice Areas

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Best Lawyers, one of the most respected peer-review publications in the legal profession, has named four Wise Carter attorneys as a “Lawyer of the Year” in their specific areas of practice. Those receiving this recognition for Jackson, MS are:

  • John D. Price: Professional Malpractice Law – Defendants
  • George H. Ritter: Railroad Law
  • James L. Robertson: Litigation – First Amendment
  • Margaret H. Williams: Health Care Law

Only a single lawyer in each specialty, in each community, is honored as “Lawyer of the Year.” Those honored have received particularly high ratings in the Best Lawyers surveys, earning respect among their peers for their abilities, professionalism and integrity.

Wise Carter Attorneys Recognized by Best Lawyers 2014

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The following have been recognized by Best Lawyers 2014 as leading attorneys in their practice areas:

  • Admiralty & Maritime Law: James L. Robertson
  • Appellate Practice: Michael Wallace
  • Banking & Finance Law: Joe. D. Stevens
  • Bet-the-Company Litigation: Michael B. Wallace
  • Commercial Litigation: James C. Simpson, Jr., John P. Sneed, Michael B. Wallace
  • Commercial Transactions/UCC Law: Betty Toon Collins
  • Corporate Compliance Law: Betty Toon Collins
  • Corporate Governance Law: Betty Toon Collins
  • Corporate Law: Henry E. Chatham, Jr., Betty Toon Collins, James C. Simpson, Margaret H. Williams
  • Elder Law: Louis H. Watson
  • Employment Law – Management: Barbara C. Wallace
  • Energy Law: James K. Child, Jr., Henderson S. Hall, Jr., Douglas E. Levaway
  • Environmental Law: James L. Robertson
  • Government Relations Practice: C. Stevens Seale, Michael B. Wallace
  • Health Care Law: Betty Toon Collins, D. Collier Graham, Jr., R. Mark Hodges, Crane D. Kipp, Eugene R. Naylor, George H. Ritter, Margaret H. Williams
  • Land Use & Zoning Law: Crane D. Kipp
  • Litigation – Antitrust; Environmental;Intellectual Property: James L. Robertson
  • Litigation – Environmental: James L. Robertson
  • Litigation – First Amendment: James L. Robertson, John P. Sneed
  • Litigation – Intellectual Property: James L. Robertson
  • Litigation – Labor & Employment: Douglas E. Levanway, Barbara C. Wallace
  • Litigation – Land Use & Zoning: Crane D. Kipp
  • Litigation – Regulatory Enforcement: Douglas E. Levanway
  • Litigation – Trusts & Estates: W. McDonald Nichols
  • Medical Malpractice Law – Defendants: Mark P. Caraway, R. Mark Hodges, Eugene R. Naylor
  • Personal Injury Litigation – Defendants: Mark P. Caraway, Eugene R. Naylor, John D. Price, George H. Ritter
  • Product Liability Litigation – Defendants: John D. Price
  • Professional Malpractice Law – Defendants: John D. Price
  • Railroad Law: George H. Ritter, Charles E. Ross
  • Tax Law: Louis H. Watson
  • Trusts and Estates: W. McDonald Nichols, Louis H. Watson
  • Workers’ Compensation Law- Employers: Andrew D. Sweat, Virginia S. Gautier

Wise Carter Sponsors Art for Heart Gala

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Wise Carter sponsored the American Heart Association’s 2014 Art for Heart Gala, which took place on May 2, 2014 at the Historic Hattiesburg Train Depot in Hattiesburg, Mississippi. Last year, the Art for Heart Gala raised over .7 million nation-wide to fund research and programs across the country.

About the American Heart Association

The American Heart Association is the nation’s oldest, largest voluntary organization devoted to fighting cardiovascular diseases and stroke. Founded by six cardiologists in 1924, the organization now includes more than 22.5 million volunteers and supporters working tirelessly to eliminate these diseases.

Charles E. Ross Discusses Tort Reform at Stennis-Capitol Press Forum

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At the May 5, 2014 Stennis-Capitol Press Forum, Wise Carter shareholder (and former State Senator), Charlie Ross spoke about the passage of Mississippi’s historical 2004 legal reform legislation. Charlie, at that time of passage, was the Senate Judiciary Chairman, lead author of the Senate bill, and the lead Senate negotiator of the bill. Charlie discussed how the tort reform bill came to pass in the Mississippi legislature. Representative Jeff Smith and former State Senator Neely Carlton also participated for the discussion.

Summary of Mississippi 2004 Legislation

In 2004, the Mississippi Legislature passed comprehensive tort reform legislation that many deem a model for the nation. The 2004 Tort Reform served to curtail mass tort suits, frivolous lawsuits, and excessive jury awards. Among the provisions, the legislation reformed Mississippi’s venue law; capped non-economic damages in general business/tort actions at million and in medical/health-related actions at 0,000; immunized sellers and distributors of products from liability for latent defects unless the seller/distributor had actual or constructive knowledge of the defect; capped punitive damages according to a sliding net-worth scale; and eliminated joint and several liability, replacing it with a pure several liability standard where a defendant only pays for his share of the fault, regardless if this percentage is 1% or 99%. (Source : “Chapter 9: Legal Reform in Mississippi”, Center for America). The legislation was called model legislation by The Wall Street Journal.

Press Coverage

  • Mississippi Tort Reform Supporters Claim Victory Ten Years After Hard Fight

    Supporters of a large overhaul of Mississippi’s civil justice system are claiming the changes are still benefiting the state ten years after they were approved. MPB’s Jeffrey Hess reports some say the 2004 tort reform law say it brought economic growth while others insist that it has not delivered promised benefits.
  • Looking Back at Mississippi Before Tort Reform

    You may have heard of Mississippi being called sue city, or being the home of jackpot justice ten years ago. In 2004, tort reform put a 0,000 cap on damage awards for medical malpractice. Monday, the Stennis Institute and the Capitol Press Corps to held a discussion tort reform’s passage in Mississippi.